Madras High CourtCRL OP(MD)/10415/2019dismissed

O.Paulin Dora v. The Isnpector Of Police

2019-07-24Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.10415 of 2019 O.Pauline Dora ... Petitioner Vs.

The Inspector of Police All Woman Police Station Colachel Kanyakumari District

...Respondent

Prayer: This Criminal Original Petition has been filed under Section 482 Cr.P.C. to register a case on the complaint given by the petitioner on 07.03.2019, as per order passed by the Judicial Magistrate, Iranial in Crl.M.P.No.2079 of 2019 over the accused. For Petitioner : Mr.R.Ramasany For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to register a case as per order passed by the Judicial Magistrate, Iranial in Crl.M.P.No.2079 of 2019, dated 08.04.2019 against the accused. 2.The grievance of the petitioner is that based on the complaint filed by the petitioner against her husband under Section 156(3) Cr.P.C, the learned Judicial Magistrate, Eranial, directed the respondent police to conduct the investigation on the petitioner's complaint and if cognizance offence is made out, register the F.I.R and proceed the case in accordance with law. But, so far no enquiry has been conducted by the respondent police. Hence, the present petition has been filed by the petitioner. 3.The learned Government Advocate (Crl.

Side) appearing for the respondent police, on instructions, would submit that based on the order passed by the learned Judicial Magistrate, Eranial, an enquiry has been conducted by the respondent police, during enquiry, the respondent police found out that the complaint is false one and the complaint has been closed and the report was also filed before the learned Judicial Magistrate, Eranial.

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4.Recording the aforesaid submission made by the learned Government Advocate (Crl.Side), no further order is required in this case. Accordingly, this Criminal Original Petition is dismissed. If the petitioner is having any grievance over the closure report, it is always open to the petitioner to workout her remedy in the manner known to law.

Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) To:

1.The Judicial Magistrate Eranial 2.Do through The Chief Judicial Magistrate, Kanyakumari District at Nagercoil.

3.The Inspector of Police All Woman Police Station Colachel, Kanyakumari District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.RAMASAMY, Advocate ( SR-78004[F] dated 26/07/2019 ) Crl.O.P.(MD)No.10415 of 2019 24.07.2019 msa JMN(13.08.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/